Yes, Dane is right that paras 8.2/8.3 of the UN EEBC Decision [41
ILM 1057 (2002)] provide answers to the actual questions posed by Gbenga.
For excellent(!!) analysis of all important aspects of the merely
illustrative nature of maps attached to Judgments of the ICJ (including in
land and international rivers/lakes disputes, esp. Botswana/Namibia
Judgment, ICJ Rep. 1999, 1045!) and Awards and Decisions of the Arbitral
Tribunals and UN Commissions like EEBC, please see:
* Nuno Marques Antunes, Towards the Conceptualisation of Maritime
Delimitation - Legal and Technical Aspects of A Political Process, Appendix
3: Elementary Technical Aspects, 585-625, including Graphical Techniques
versus Geodetic Computations, 616-618 (2003 at:
www.brill.nl/Martinus_Nijhoff.htm). Nuno's book is "the" must in libraries
of all practitioners and academics involved in equitable - be it land or
maritime - boundary delimitation!! He ([log in to unmask]) did not
react to Gbenga's questions because he is at the ILA Conference in Berlin.
Sincerely, Barbara
-----Original Message-----
From: Dane Ratliff [mailto:[log in to unmask]]
Sent: Thursday, August 19, 2004 7:27 PM
To: [log in to unmask]
Subject: Re: Legal Effects of Illustrative maps
I am similarly prevented from commenting on the EEBC Decision, but perhaps I
should have rather referred to its paras 8.2 and 8.3.
Kind regards,
Dane Ratliff
-----Original Message-----
From: International boundaries discussion list
[mailto:[log in to unmask]]On Behalf Of Maurice Mendelson QC
Sent: Thursday, August 19, 2004 6:54 PM
To: [log in to unmask]
Subject: Re: Legal Effects of Illustrative maps
It seems to me that the 2 answers below do not answer the question, which
concerns illustrative maps attached to an international court's
decision. The passage referred to does not relate to this.
I shall refrain from answering the question myself, due to my role as
Counsel in a case to which the question possibly relates.
Maurice Mendelson
At 12:45 19/08/04, you wrote:
>I believe this is the link referred to in the mail below
>
>http://pca-cpa.org/PDF/EEBC/EEBC%20Decision-L.pdf
>
>Very shortly: "The map evidence has to be considered separately in
>relation to each particular part of the boundary. Also, in considering
>the general significance of map evidence, if that evidence is uncertain
>and inconsistent, its value will be reduced in relation to the
>endorsement of a conclusion arrived at by other means, as also its
>support for any alteration of a result reached on the basis of textual
>interpretation".
>
>regards
>maurizio
>
>--- Dane Ratliff <[log in to unmask]> wrote:
>
> > Dear Mr. Oduntan,
> > In response to your query, I would invite you to look at the Decision on
delimitation of the Eritrea-Ethiopia Boundary Commission at paras 3.17-3.28.
> > A copy of the Decision can be downloaded from our website:
www.pca-cpa.org clicking on Recent and Pending cases.
> > Kind regards,
> > Dane Ratliff
> > -----------------------------------
> > Dane Ratliff
> > Legal Counsel
> > Permanent Court of Arbitration
> > Peace Palace, Carnegieplein 2
> > 2517 KJ The Hague - The Netherlands
> > Tel: +31 70 302 4196
> > Fax: +31 70 302 4167
> > E-mail: [log in to unmask]
> > PCA Website: www.pca-cpa.org
> > -----------------------------------
> >
> > -----Original Message-----
> > From: International boundaries discussion list
> > [mailto:[log in to unmask]]On Behalf Of
> > [log in to unmask]
> > Sent: Thursday, August 19, 2004 5:24 AM
> > To: [log in to unmask]
> > Subject: Legal Effects of Illustrative maps
> >
> > Dear Colleagues,
> >
> > What is considered the best view on the legal validity and perhaps more
importantly legal effects of illustrative maps attached to the decision of
an international court's decision?
> > Would it be right to conclude thus:
> >
> > 1. Such maps are intended to supplement the textual descriptions
contained therein; but
> > 2. they are intended to be merely illustrative of the geography and the
statements, coordinates etc. provided by the court. They are prima facie,
therefore, neither accurate nor definitive.
> > 3. The parties to any demarcation still have to attempt to accurately
interpret the delimitation proffered by the court.
> > 4. There is the possibility that such an exercise may expose scientific
errors in the illustrative map and/or the coordinates or geographical
descriptions proffered by the court.
> >
> > Hope to receive general comments on this issue
> > Best Regards
> > Gbenga Oduntan
> >
Maurice Mendelson, Q.C.
Blackstone Chambers Barristers
Blackstone House
Temple, London EC4Y 9BW,
England.
Tel. +44 20 7583 1770; fax +4420 7822 7350; email
[log in to unmask]
website www.blackstonechambers.com
Prof. Dr. Barbara Kwiatkowska
Professor of International Law of the Sea
Deputy Director NILOS
Faculty of Law - Utrecht University
Achter Sint Pieter 200
3512 HT Utrecht - The Netherlands
Phone: 31 30 253 7037/7038
Fax: 31 30 253 7073
http://www.law.uu.nl/nilos
E-mail: [log in to unmask]
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